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High Court of Malawi Civil Division - 2023 March

4 judgments
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4 judgments
Citation
Judgment date
March 2023
Nyirenda and Another v Phiri and Another (Civil Cause 330 of 2019) [2023] MWHCCiv 23 (31 March 2023)
Assessment of damages for two accident victims: awards for general damages, nominal future loss due to insufficient income proof.
Damages — Personal injury; assessment of quantum for pain and suffering, loss of amenities and disfigurement; loss of earnings and earning capacity — proof of pre-accident income and use of multiplicand/multiplier — nominal awards where income evidence lacking.
 31 March 2023
Khamwano v Khunga and Another (Civil Cause 252 of 2019) [2023] MWHCCiv 36 (27 March 2023)
Court corrected procedural error by granting an enforcement hearing order and requiring direct service on the enforcement debtor before the hearing.
Civil procedure – Enforcement hearing order under Order 28 r.5 – Distinction between enforcement hearing order and notice of examination of judgment debtor – Service requirements where debtor or independent witness absent (seven days) – Power to grant enforcement hearing order despite procedural error.
 27 March 2023
State (on Application of Jere) v Minister of Local Government (Judicial Review Cause 5 of 2022) [2023] MWHCCiv 40 (27 March 2023)
A restoration application in Chambers succeeds if a party reasonably explains absence, acts promptly, and shows arguable prospects of success.
Civil procedure — Restoration of proceedings heard in Chambers — Inherent jurisdiction and Orders 1 r.5, 10 r.5 — Requirements: reasonable explanation for absence, promptness, reasonable prospect of success — Prejudice to be considered — Service and chamber practice.
 27 March 2023
State( On Application of Banda II) v Deputy Dean of Law of University of Malawi (Judicial Review Cause 6 of 2022) [2023] MWHCCiv 39 (10 March 2023)
Permission granted to judicially review university admission decision; preliminary objection on defendant and service dismissed.
Administrative law — Judicial review; procedural fairness and legitimate expectation in university admissions; delegated authority of selection committees under the University of Malawi Act; service of process and proper defendant in judicial review proceedings; interim relief considerations.
 10 March 2023